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Every Issue

Cite as: December 2011 85(12) LIJ, p.68

New books and articles of interest from the LIV library.

Library access

LIV members can use their member cards to gain convenient access to the library. Simply swipe your member card at the entrance to the library.

Franchising Practice Manual

Now online

The LIV library now subscribes to Smokeball’s Franchising Practice Manual. This service is available to view in the library.

New books, seminar papers and reports

LIV members may borrow library material for 14 days, with a one-week renewal available unless reserved by another member. Items can be collected from the library, posted or sent via DX free of charge. Material including the location REF is unable to be borrowed.

Commercial leases

Duncan, WD, Commercial Leases in Australia (6th edn), LawBook Co., 2011 (Location: REF KN 266 L 1 6)

Construction law

Bailey, Ian and Bell, Matthew, Construction Law in Australia (3rd edn), Thomson Reuters (Professional) Australia, 2011 (Location: KN 83.8 B 3 3)


Sappideen, Carolyn et al, Macken’s Law of Employment (7th edn), Thomson Reuters (Professional) Australia, 2011 (Location: REF KN 192 M 2 7)

Estate planning

O’Bryan, Andrew, Munro, Kevin, Burgess, Matthew et al, The Fifth Annual Estate Planning and Asset Protection Conference. Seminar papers, Television Education Network, February 2011. (Location: F KM 337.35 B 3)

Contents: 1. Transferring assets in trusts and companies to the next generation. 2. Succession planning case studies. 3. The use of master testamentary trusts in structuring testamentary trusts. 4. Family law disputes – the impact on will making and testamentary trusts. 5. The family trust on life support: the trust income clause and other time bombs. 6. Changes to trust deeds: when do they constitute a resettlement? 7. Fireproofing the family trust from third party attack. 8. Binding financial agreements and estate planning. 9. Managing succession and control in SMSFs on the death of a member. 10. Managing distributions from the SMSF on the death of a member.

Misleading conduct

Lockhart, Colin, The Law of Misleading and Deceptive Conduct (3rd edn), LexisNexis Butterworths, 2011 (Location: KN 266 L 1 3)


Wikramanayake, Nimal, Barkla, Julie, Rimmer, William et al, Third Annual Victorian Property Law Conference. Seminar papers, Television Education Network, February 2011 (Location: F KN 60 A 6)

Contents: 1. Contracts of sale – settlement date extensions and avoiding waiver. 2. Contracts of sale – forfeiture of more than 10 per cent of the price. 3. GST round-up for property lawyers. 4. Challenging standard form contracts under the unfair contract terms law. 5. The GAIC – its implications for property transactions in practice. 6. Off the plan contracts 2011. 7. Contracts of sale for properties subject to a lease – examination of the practical problems. 8. Retail Leases Act – assignments, repairs and maintenance market rent review. 9. Options to renew leases and how to exercise them. 10. Green buildings – the implications of the Building Energy Efficiency Disclosure Scheme. 11. Ethics for property lawyers.


Articles may be requested online and will be emailed, faxed or mailed to members.

Aged care

Dearn, Liz, “‘Permanent discharge’: deaths of people under 50 years of age in residential aged care in Victoria” in Journal of Law and Medicine, vol 19 no 1, September 2011, pp53-68 (ID 44134)

Research study on deaths of young people in residential aged care facilities in Victoria.

Corporations law

Klineberg, Tim, “Section 420A in theory and practice: clarifying guarantors’ rights and other remedies for breach” in Insolvency Law Journal, vol 19 no 3, September 2011, pp142-153 (ID 44342)

Commentary under s420A of the Corporations Act on controllers’ power of sale in respect of property of a corporation, the rights of guarantors and what remedies can be applied when a breach occurs.

Employment law

McDonald, Kirsty and Hobson, Sarah, “Social media at work” in New Zealand Law Journal, September 2011, pp266-268 (ID 44368)

Looks at recent cases of employees who have used social media to make negative comments about their customers or their workplaces.


O’Keefe, Karen, “Legal practitioners as executors” in Law Society Bulletin (South Australia), vol 38 no 9, October 2011, pp14-15 (ID 44354)

Clarification of the duties of legal practitioners as executors. Includes trust accounts, charges, fees and commissions. This article is based on South Australian law.


Nettleton, Jamie and Sendall, Cate, “Product Stewardship Bill: what does this mean for manufacturers, importers and distributors?” in Competition & Consumer Law, vol 27 no 1, September 2011, pp156-158 (ID 44207)

Outlines the three categories of stewardship arrangements to regulate environmental, safety and health impacts over the life cycle of products as established in the Product Stewardship Bill 2011 (Cth).


Mendelson, Danuta and Saunders, Anne, “Operation of guardianship laws in the emergency ward” in Journal of Law & Medicine, vol 19 no 1, September 2011, pp13-31 (ID 44099)

Issues relating to patient rights and the defence of necessity, consent in emergency wards, trespass and negligence to the person, personal self-determination, emergency medical or dental treatment, the tort of false imprisonment, as well as definitions of “person with a disability” and “person responsible”.

Legal practice management

“Global survey: majority of law firms missing benefits of client feedback” in Balance (Newsletter of the Law Society of Northern Territory), issues 2 & 3, Commemorative Edition, 2011, pp68-69 (ID 44113)

Highlights the need for a structured feedback program for law firms to really understand their existing clientele.

Hugo-Hammam, Richard, “The 5 big threats facing small law firms today” in Ethos, issue 221, September 2011, pp17-18 (ID 44361)

Five of the biggest threats currently faced by small law firms.


Butt, Peter (ed), “Mortgagee’s power of sale: important Victorian decision” in Australian Law Journal, vol 85 no 9, September 2011, pp540-544 (ID 44101)

Discusses the Victorian Court of Appeal’s decision in MBF Investments Pty Ltd v Nolan [2011] VSCA 114, which has reversed earlier decisions. Includes commentary on home occupation interest, statutory duty under s77 of the Transfer of Land Act 1958 and the mortgagee contracting out statutory duty on sale.


De Zwart, Melissa, Lindsay, David et al, “Randoms v Weirdos: teen use of social networking sites and perceptions of legal risk” in Alternative Law Journal, vol 36 no 3, 2011, pp153-157 (ID 44359)

Statistics and survey results from recent research.

Professional negligence

Young, Justice PW, “Solicitors acting without proper authority” in Australian Law Journal, vol 85 no 9, September 2011, p537 (ID 44100)

Paragraph on the recent case of Doulman v ACT Electronic Solutions Pty Ltd & Anor [2011] FMCA 232, which highlights the need for solicitors, especially in small practice, to be vigilant in gaining their client’s authority before litigation commences.

Self-managed superannuation funds

Butler, Daniel, “SMSF succession planning” in Australian Super News, issue 8, 26 August 2011, pp1-4 (ID 44240)

Discusses the importance of succession planning in a self-managed superannuation fund (SMSF) on the death of a member, and why it is easier if all documents are in place during a member’s lifetime.


Libbis, Simon, “Subdivisions with a sting” in The Legal Executive, no 4, September/October 2011, pp18-31 (ID 44225)

Case law, legislation and recent developments relating to subdivision law.

Trade marks

Voon, Tania and Mitchell, Andrew, “Face off: assessing WTO challenges to Australia’s scheme for plain tobacco” in Public Law Review, vol 22 no 3, September 2011, pp218-240 (ID 44187)

A key argument by tobacco companies against the proposed commonwealth scheme mandating plain packaging of tobacco products is that this scheme violates Australia’s obligation as a member of the World Trade Organization (WTO). This article looks at the concerns raised to date in WTO committees and how trademarks will be impacted.

Unjust enrichment

O’Brien, Angus, “The relationship between the laws of unjust enrichment and contract: unpacking Lumbers v Cook” in Adelaide Law Review, vol 32 no 1, 2011, pp83-108 (ID 44243)

Discusses the implications of the High Court decision in Lumbers v W Cook Builders Pty Ltd (in liq) for the rights and obligations of contracting parties in unjust enrichment.

Library hours

Monday-Thursday 8.30am – 6pm

Friday 8.30am – 5pm

Library contact details

Ph 9607 9360/1 Fax 9607 9359



Use the website to request, reserve and renew books, order copies of articles, request research assistance and access legal resources.


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